When those issues exist, filing a motion to dismiss may stop the case before it moves any further.
If you are facing criminal charges, having an experienced Michigan criminal defense lawyer review your case early is critical.
At Davis Law Group, we carefully examine every case for weaknesses in the prosecution’s evidence, procedural mistakes, and constitutional violations that may justify dismissal. Whenever possible, we pursue strategies to reduce or eliminate charges before trial.
Every case is different, and not every criminal charge can be dismissed. However, identifying legal issues early often creates opportunities that may not be available later. Contact Davis Law Group today to discuss whether filing a motion to dismiss is an option in your case.
What Is a Motion to Dismiss in a Michigan Criminal Case?
A motion to dismiss asks the court to throw out some or all criminal charges before trial because the prosecution has failed to meet a legal requirement. Unlike a trial, where a jury decides guilt or innocence, a motion to dismiss focuses on whether the case should continue at all.
Depending on the circumstances, dismissal may be based on constitutional violations, insufficient evidence, errors in the charging documents, violations of Michigan court rules, or other legal defects. If the judge grants the motion, some or all charges may be dismissed before trial begins.
Can Criminal Charges Be Dismissed Before Trial?
Yes. Michigan courts can dismiss criminal charges before trial when the prosecution cannot meet the requirements for proceeding. If your case includes valid grounds for dismissal, a lawyer handling motions to dismiss criminal charges in Michigan can ask the court to end the prosecution before your case reaches trial. Filing a motion to dismiss depends on arguments supported by the court record and the rules that apply to your case.
Not all criminal cases reach trial. Some end through negotiated resolutions, while others are challenged through pretrial motions asking the court to dismiss the prosecution when the basis for continuing the case is missing. If your case qualifies for dismissal, resolving it before trial can prevent further court proceedings.
Michigan Court Rule 6.113 permits defendants to raise certain objections before trial rather than waiting until a jury is selected. Every motion to dismiss succeeds or fails on the grounds supporting the request, not simply on the seriousness of the criminal charge. We examine those grounds to decide whether dismissal is a realistic option in your case.
When Courts Dismiss Criminal Charges
Every criminal case is different, and there is no single reason a judge dismisses charges. The facts of the case, the available evidence, and how law enforcement and prosecutors handled the investigation all play a role. After reviewing your case, your attorney can determine whether one or more legal grounds exist for seeking dismissal:
- The prosecution cannot prove every required element of the charge filed against you.
- Probable cause is missing because the available evidence does not justify continuing your case.
- A constitutional violation limits the evidence available to the prosecution under the circumstances of your case.
- A procedural error prevents the prosecution from continuing unless the court permits the defect to be corrected.
- A prosecutorial mistake prevents the case from proceeding under Michigan law.
- A serious defect in the charging document leaves the prosecution without a legally sufficient accusation.
A motion to dismiss succeeds only when the reason supporting dismissal matches the argument presented to the court. Every motion to dismiss must identify a specific defect that prevents the prosecution from continuing. We examine your case to see whether any of these grounds support dismissal before filing a motion to dismiss.
Motion to Dismiss vs. Suppressing Evidence vs. Reduced Charges
Dismissal and acquittal are often confused under Michigan criminal law, but they have very different consequences for your case. The same is true for the suppression of evidence and the reduction of charges. Each result changes your case in a different way:
- A dismissal ends the prosecution before trial when the court decides the case should not continue.
- Suppressing evidence removes particular evidence from the case without automatically ending the prosecution. If enough evidence remains, the prosecution can continue.
- Reduced charges change the offense while leaving the criminal case pending. The prosecution continues under a different charge.
- An acquittal follows a trial after the prosecution fails to prove guilt beyond a reasonable doubt.
The purpose of a motion determines what you are asking the court to do. A motion to dismiss asks the court to end the prosecution before trial, while other motions address narrower questions without ending the case. We examine your case to decide which motion best fits your circumstances before asking the court for relief.
What Happens After a Motion to Dismiss Is Filed?
After we file a motion to dismiss, the court follows a series of steps before deciding whether your case should continue. Michigan Court Rule 2.119 establishes the procedures governing written motions filed before the court rules on that request.
Filing the Motion
We usually file a motion to dismiss before trial after reviewing the charging documents in your case. We also examine the court record already on file to determine whether it supports dismissal. The written motion explains why the prosecution should not continue by citing the authority supporting dismissal.
The motion directs the judge to the specific portions of the record supporting each argument. Judges usually decide dismissal motions based on the existing court record rather than hearing testimony from new witnesses. A thorough written motion gives the judge the information needed to decide whether your case should continue.
Prosecutor’s Response
After we file the motion, prosecutors can submit a written response explaining why they believe your case should continue. Their response addresses the arguments presented in our motion and explains why dismissal is not appropriate.
Before the hearing begins, both sides usually know which questions remain in dispute. The court can request additional written briefing if another issue requires clarification. By the time the hearing takes place, the discussion usually centers on a much smaller number of questions than existed when the motion was first filed.
Court Decision
After reviewing the written filings and hearing the arguments, the court decides whether to dismiss. The court can dismiss every charge. The court can dismiss only certain charges, while allowing others to continue. The court can also deny the motion if the prosecution has satisfied the requirements for proceeding with the case.
A dismissal ends the prosecution before trial. A partial dismissal limits the charges that remain before the court. A denied motion does not mean the judge has decided you are guilty. It means your case continues, and we continue challenging the prosecution using every argument supported by the record and Michigan law.
Why Some Criminal Cases Continue
Your case can continue after a motion to dismiss when the court concludes the prosecution has satisfied the requirements necessary to proceed. Common reasons include:
- The prosecution presented sufficient evidence to continue your case, even though we disagree with the conclusions drawn from it.
- The argument supporting dismissal does not justify dismissal under Michigan law, even though another challenge may still be available.
- The court concludes that the disputed issue is better resolved at trial than through a pretrial motion.
- The prosecution corrected an earlier defect before the court ruled on the motion.
- The court concludes constitutional requirements were satisfied after reviewing the arguments presented by both sides.
- A procedural error did not prevent the prosecution from continuing because the court concluded the defect could be corrected.
- Michigan law permits the prosecution to continue despite the arguments presented in the motion.
A denied motion to dismiss does not end your defense. We continue raising every argument supported by your case and Michigan law throughout the criminal proceedings. The court’s ruling on one motion does not prevent us from challenging the prosecution through other procedures that apply to your case.
How Davis Law Group Builds a Motion to Dismiss
Successful motions to dismiss begin with a thorough investigation. Before asking a judge to dismiss criminal charges, we review police reports, witness statements, charging documents, search warrants, body camera footage, and every piece of evidence available in your case. We look for constitutional violations, procedural errors, and weaknesses in the prosecution’s evidence that may support dismissal.
We also evaluate whether filing a motion to dismiss is the strongest strategy or whether another motion, such as suppressing evidence, will better protect your rights. Every case requires a different approach, and we build a defense strategy based on the facts rather than using the same arguments in every case.
If dismissal is appropriate, we prepare a detailed motion supported by Michigan law and present the strongest legal arguments available on your behalf.
